On Monday, a federal judge dismissed two high profile indictments, one against former FBI
Director James Comey, the other against New York Attorney General Letitia James on
grounds that the appointment of the U.S attorney that brought the indictments was invalid.
The judge dismissed the cases “without prejudice”, meaning that the charges could be filed
again by an appropriately appointed U.S. attorney.
U.S. District Judge Cameron McGowan Currie ruled that the appointment of Interim U.S.
Attorney Lindsey Halligan was unconstitutional and that her actions were “ineffective”
and “unlawful”.
Halligan, President Donald Trump’s handpicked U.S. Attorney for the Eastern District of
Virginia, sought the indictment despite the objections of career prosecutors after Trump
ousted former U.S. Attorney Erik Siebert, who sources said was reluctant to bring the cases
against Comey and James.
Halligan, who had no experience as a prosecutor, brought the indictment after Trump took
to social media to influence Attorney General Pam Bondi to bring cases against both
Comey and former U.S. Representative Adam Schiff.
Reaction to the decision was split along typical lines, as White House press secretary
Karoline Leavitt announced that the justice department will be appealing the ruling “very
soon”, and that Halligan was not only very qualified for the position, but within her legal
jurisdiction to pursue the charges.
Comey pleaded not guilty to one count of making false statements and one count of
obstructing a congressional proceeding related to his testimony before a Senate Judiciary
Committee in 2020.
James, who brought a civil fraud case against Trump as well as multiple lawsuits against
his administration’s policies, pleaded not guilty to charges that she committed mortgage
fraud related to a home purchase in 2020.
Comey expressed in a social media post that the case “matters most because a message
needs to be sent that the President of the United States cannot use the Department of
Justice to target his political enemies.”
James, meanwhile, remarked that she was “heartened” by the victory and remains
“fearless in the face of these baseless charges as I continue fighting for New Yorkers every
single day.”
Vice President J.D. Vance maintains that any such prosecutions are “driven by law and not
by politics”.
The statue of limitations in Comey’s case is set to expire, and it is unclear whether the case
could be filed again in time. However, the allegations against James seem to be well within
the statute of limitations should the Department of Justice try to pursue them again.
Under federal law, the attorney general has the right to appoint an interim U.S. Attorney for
120 days before the appointment power shifts to the federal judges in that district. When
U.S. Attorney Jessica Aber, who was President Biden’s pick to lead the office, resigned on
January 20, Siebert was appointed interim U.S. attorney.
After 120 days, the power to appoint U.S. attorney shifted from the attorney general to the
judges in the Eastern District of Virginia, who used their power to allow Siebert to continue
serving in his role.
“When that clock expired on May 21, 2025, so too did the Attorney General’s appointment
authority,” Judge Currie wrote in her decision.
Siebert continued to serve in his position until he resigned following Trump’s social media
campaign calling on indictments for his political adversaries. Thereafter, Bondi cited the
same law that allows 120-day interim appointment to authorize Halligan as interim U.S.
attorney.
After both Comey and James were indicted, Bondi attempted to ratify Halligan’s
appointment, but Judge Currie rejected the attempt to correct the issue after the fact.
The decision of who leads the U.S. Attorney’s office in Eastern Virginia is in the hands of the
federal judges in that district, until President Trump nominates a candidate for the position
and they are approved by the U.S. Senate.
